New Delhi: In a recent development, the Supreme Court of India highlighted a long-standing legal anomaly regarding land gifts in the country. When a Hindu citizen gifts land to another Hindu, the recipient is legally required to register the transaction and pay stamp duty to the government under Section 123 of the Transfer of Property (TP) Act, 1882. In contrast, a similar transaction between Muslims, under Section 129 of the TP Act, allows a Muslim donor to gift land to another Muslim without registration or payment of stamp duty, in line with Islamic law (Hiba).
Holy Shit😱
I was not aware that such law also exists in India
If Hindu A gifts his land to Hindu B then Hindu B needs to register it and to pay stamp duty to govt (Section 123, TP Act)
But if Muslim A gifts his land to Muslim B then Muslim B doesn't need to register it or pay… pic.twitter.com/HngDjQ0od9
— STAR Boy TARUN (@Starboy2079) March 13, 2026
This law, dating back to British India in 1882, created different rules for different communities—a clear reflection of the colonial policy of “divide and rule.” After independence, the Congress government retained these provisions, allowing the legal distinction to persist for over 140 years.
When a petitioner brought this issue before the Supreme Court seeking uniformity, the Court advised approaching the Union government for amending the law. The suggestion underscores that this is a matter of legislative reform, not judicial discretion.
This legal inconsistency violates the principles of equality and uniformity under the Constitution. While Hindu citizens are taxed and regulated when gifting property, Muslim citizens enjoy exemptions, creating an unequal legal framework based solely on religion. Many view this as a relic of colonial times that continues to perpetuate inequality.
The matter raises serious questions for all political parties in India: why has such a discriminatory provision survived for so long? Law experts suggest that amending the TP Act to ensure that all citizens, irrespective of religion, follow the same rules for land gifts and registration would be a step toward legal equality. Until then, this British-era distinction continues to affect millions of property transactions across the country, often leading to legal ambiguities and debates.
